Who owns the parking spaces in the community?

1. Who owns the parking spaces in the community?

1. Who owns the parking space in the community needs to be handled according to the actual situation. The parking space of an operating parking lot with an independent property right certificate approved by the relevant administrative department has clear property rights and is enjoyed by the property owners and managers. The developer or property management company divides several parking spaces on both sides of the residential road, and the ownership of property rights depends on the nature of the road where the parking spaces are located. If the road located in the community is a municipal road, its property rights belong to the state.

2. Legal basis: Article 275 of the Civil Code of People's Republic of China (PRC).

In the building division, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Second, do developers need government authorization and approval to set up parking spaces?

Developers must obtain the authorization and approval of the government to set up parking spaces. If the road is a public road in the community, the land for the road belongs to a part of the plot, which has been calculated in the total land area of the community when calculating the plot ratio of the community, and its land use right has been enjoyed by all owners in proportion. Therefore, this kind of parking space uses the land use right of all owners, so it should belong to all owners. According to the relevant laws and regulations, the parking fee for residential parking spaces owned by all owners actually includes two parts, one of which is land rental income, which should be owned by all owners; The other part is the vehicle care fee, which belongs to the developer or property management company as the caretaker.